
| Terms of Service Welcome to i-Citizen. I-Citizen is a next generation multi-user 3D online and mobile environment where you can stay in touch with your friends, meet new people and hang out. I-Citizen is operated by Micazook Ltd and by using the i-Citizen Service you accept and agree to be bound by the following terms and conditions (the 'Terms of Service'). Where applicable under law, these Terms constitute a 'writing signed by you'. 1.0 What is i-Citizen i-Citizen is the multi-user online and mobile service offered by Micazook, including the software provided to you by Micazook and the online and mobile handset environments that support the service, including without limitation: the server computation, software access, messaging and protocols that simulate the i-Citizen environment (the "Servers"), the software that is provided by Micazook and installed on the local computer, Mobile handset or other device you use to access the Servers and thereby view or otherwise access the i-Citizen environment (the "Viewer"), application program interfaces provided by Micazook to you for use with i-Citizen (the "APIs"), and access to the websites and services available from the domain and subdomains of http://www.icitizencommunity.com and http://www.micazook.com (the "Websites"). The Servers, Viewer, APIs, Websites and any other Micazook Software collectively constitute the "Service" as used in this Agreement. 2.0 The service that Micazook Provides You acknowledge that Micazook is a service provider that may allow people to interact online regarding topics and content chosen by users of the service, and that users can alter the service environment on a real-time basis. Micazook generally does not regulate the content of communications between users or user's interactions with the Service. As a result, Micazook has very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Service. 3.0 The content available in i-Citizen You acknowledge that: (i) by using the Service you may have access to graphics, sound effects, music, video, audio, computer programs, animation, text and other creative output (collectively, "Content"), and (ii) Content may be provided under license by independent content providers, including contributions from other users of the Service (all such independent content providers, "Content Providers"). Micazook does not pre-screen Content. You acknowledge that Micazook and other Content Providers have rights in their respective Content under copyright and other applicable laws and treaty provisions, and that except as described in this Agreement, such rights are not licensed or otherwise transferred by mere use of the Service. You accept full responsibility and liability for your use of any Content in violation of any such rights. You agree that your creation of Content is not in any way based upon any expectation of compensation from Micazook. 4.0 Service provisions and scheduled or unscheduled stoppages Micazook reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that Micazook will not be liable for any interruption of the Service, delay or failure to perform, and you understand that except as otherwise specifically provided in Micazook's billing policies posted at http://www.icitizencommunity.com, you shall not be entitled to any refunds of fees for interruption of service or failure to perform. Micazook has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Service as it sees fit in its sole discretion. 5.0 Service charges and fees Certain aspects of the Service are provided for a fee or other charge. These fees and charges are described on the Websites, and in the event you elect to use paid aspects of the Service, you agree to the pricing, payment and billing policies applicable to such fees and charges. Micazook may add new services for additional fees and charges, or proactively amend fees and charges for existing services, at any time in its sole discretion. 6.0 Age restrictions and terms You must be 13 years of age or older to access i-Citizen; minors over the age of 13 are only permitted in a separate area, which adults are generally prohibited from using. Micazook cannot absolutely control whether minors or adults gain unauthorized access to the Service. You must be at least 13 years of age to participate in the Service. Users under the age of 18 are prohibited from accessing the Service other than in the area designated by Micazook for use by users from 13 through 17 years of age (the "non Adult Areas and content"). Users age 18 and older are prohibited from accessing the Minor Areas and Lobbies. Any user age 18 and older who gains unauthorized access to the Minor Area or Lobbies is in breach of this Agreement and may face immediate termination of any or all Accounts held by such user for any area of the Service. If you reside in a jurisdiction where the age of majority is greater than 18 years old, you are prohibited from accessing the Service until you have reached such age of majority. By accepting this agreement in connection with an Account outside the Minor Area, you represent that you are an adult 18 years of age or older. By accepting this agreement in connection with an Account for use in the Minor Area, you represent that (i) you are at least 13 years of age and less than 18 years of age; (ii) you have read and accept this Agreement; (iii) your parent or legal guardian has consented to you having an Account for use of the Minor Area and participating in the Service, and to providing your personal information for your Account; and (iv) your parent or legal guardian has read and accepted this Agreement. Micazook cannot absolutely control whether minors gain access to the Service other than the Minor Area, and makes no representation that users outside the Minor Area are not minors. Micazook cannot absolutely control whether adults gain access to the Minor Area of the Service, and makes no representation that users inside the Minor Area are not adults. Adult employees, contractors and partners of Micazook regularly conduct their work in the Minor Area. Micazook cannot ensure that other users or any non-employee of Micazook will not provide Content or access to Content that parents or guardians may find inappropriate or that any user may find objectionable. 7.0 Account Termination Micazook has the right at any time for any reason or no reason to suspend or terminate your Account, terminate this Agreement, and/or refuse any and all current or future use of the Service without notice or liability to you. In the event that Micazook suspends or terminates your Account or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees, any content or data associated with your Account, or for anything else. For the full list of terms and conditions please visit the i-Citizen website at www.icitizencommunity.com. 8.0 Purchases You agree to pay all fees, charges and/or associated taxes ("Fees") made to your account based on i-Citizen's fees, charges, and billing terms in effect as shown on the site and, if you are a registered Content Creator, the Creators page. If you do not pay on time or if Micazook cannot charge your credit card, PayPal or other payment method for any reason, Micazook reserves the right to either suspend or terminate your access to the Site and your account and terminate these Terms. You are expressly agreeing that Micazook is permitted to bill you for the applicable Fees you may incur in connection with your use of this Site and the Fees will be billed to your credit card, PayPal or other payment method designated on registration with this Service, and thereafter at regular intervals for the remainder of the term of these Terms. If you cancel your account at any time, you will not receive any refund. If you have a balance due on any account, you agree that Micazook may charge such unpaid Fees to your credit card or otherwise bill you for such unpaid Fees. Sterling Purchases: When you purchase items on this Service (such as credits, credit bundles, avatar addons, i-Bid, i-Quiz, i-Ads, i-Shop, i-Mart, and i-Call), with cash or monetary equivalent, your purchases are non-refundable and are made at your own risk. Micazook is under no obligation to provide any refund (either in cash or in credits) for any item made by a third-party developer or supplier that is broken, that later becomes disabled, that is later removed or altered by the developer or by Micazook, or that was inappropriately submitted. Additionally, if a Submission item is removed from this Site as a result of claimed intellectual property infringement (or Unsuitable for i-Citizen content) and/or Micazook disables your use of such an item as set forth in these Terms, any cash or any credits that you used to purchase such items will not be refunded. 9.0 Currency You acknowledge that the Service includes in-world fictional currencies ("Currency" or "Currencies" or "Virtual Credits" or "VCR" or "Real Credits" or "ICR") (all of the foregoing are "Currencies"), which may be purchased for real world currency and can then be exchanged on this Site for limited license right(s) to use a feature of our product when, as, and if allowed by Micazook and subject to the terms and conditions of these Terms. Micazook may charge fees for the right to use our Currencies, or may distribute our Currencies without charge, in Micazook's sole discretion. Regardless of terminology used, i-Citizen Currencies are not redeemable for any sum of real world money or monetary value from Micazook at any time. You agree that Micazook has the absolute right to manage, regulate, control, modify and/or eliminate such Currencies as it sees fit in its sole discretion, in any general or specific case, and that Micazook will have no liability to you based on its exercise of such rights. You also agree to use i-Citizen's Currencies for all transactions involving i-Citizen products or services and related use rights and you agree not to create, employ, or utilize any parallel form of virtual currency in connection with any transaction on this Site. Micazook may allow for free exchange of some, all, or none of its Currencies via third parties, but Micazook does not assume any responsibility associated with your transactions with such third parties. 10.0 Proprietary Rights Micazook does not claim any ownership rights in any Materials that you submit, post, or display on or through the i-Citizen Services or on the icitizencommunity.com Web site. After submitting, posting or displaying Materials on or through the i-Citizen Services or on the icitizencommunity.com Web site, you continue to retain all ownership rights in such Materials, and you continue to have the right to use your Materials in any way you choose. By submitting, posting or displaying any Materials on or through the i-Citizen Service, you hereby grant to Micazook a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Materials solely on and through the i-Citizen Service. Without this license, Micazook would be unable to provide the i-Citizen Service. For example, without the right to modify your Materials, Micazook would not be able to digitally compress music files that you or other Members submit or otherwise format Materials to satisfy technical requirements, and without the right to publicly perform Materials, Micazook could not allow users and Members to listen to music posted by Members. The license you grant to Micazook is non-exclusive (meaning you are free to license your Materials to anyone else in addition to Micazook), fully-paid and royalty-free (meaning that Micazook is not required to pay you for the use on the Micazook Service of the Materials that you post), sub licensable (so that Micazook is able to use its affiliates and subcontractors such as Internet and WAP content delivery networks to provide the i-Citizen Service), and worldwide (because the Internet and the i-Citizen Service are global in reach). This license will terminate at the time you remove your Materials from the i-Citizen Service, except that you agree that the license will continue solely with respect to other Members' continued use of your Materials that are not music or videos (i.e. photos or skins); provided, however if you remove any of the Materials from the i-Citizen Service, Micazook reserves the right to remove all of your Materials from other Member's pages or related pages within i-Citizen. The license does not grant Micazook the right to sell your Materials, nor does the license grant Micazook the right to distribute your Materials outside of the i-Citizen Service. You represent and warrant that: (i) you own the Materials posted by you on or through the i-Citizen Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Materials on or through the i-Citizen Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Materials posted by you to or through the i-Citizen Service. Micazook Ltd. and its affiliates and licensors own and retain all rights in the icitizencommunity.com Web site and the i-Citizen Service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, and (6) design presented through and as part of the i-Citizen Service by icitizencommunity.com. Except as expressly authorized by icitizencommunity.com, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of icitizencommunity.com’s proprietary information. 'Micazook' and 'icitizencommunity.com' and i-Citizen are trademarks of Micazook Ltd. 11.0 Links to Third Party Sites This Service may be linked to other world wide web sites or Services that are not i-Citizen Sites or Services. Micazook is providing these links to you only as a convenience, and Micazook is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites. 12.0 Conditions for Use You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the i-Citizen Service. By way of example, and not as a limitation, you agree NOT to: - Defame abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others. - Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libellous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information. - Use other Members' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other Members - Submit Materials that are unlawful or promote or encourage illegal activity or that would violate the property rights of others. - Submit Materials of any third party without such third party's prior written consent, or Materials that falsely express or imply that such Materials are sponsored or endorsed by i-Citizen.com - Create a false or misleading identity of, including, but not limited to, a i-Citizen employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others. - Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. - Use the i-Citizen Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website. - Attempt to gain unauthorized access to the i-Citizen Service, other accounts, computer systems or networks connected to the i-Citizen Service, through password mining or any other means. - Modify, adapt, translate, or reverse engineer any portion of the i-Citizen Service, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the i-Citizen Service. - Reformat or frame any portion of the web pages that are part of the i-citizen Service or application. - Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law. - Remove any copyright, trademark or other proprietary rights notices contained in or on the i-Citizen Service. - Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation. - Interfere with another Member’s use and enjoyment of the i-Citizen Service. - Harvest or collect email addresses or other contact information of Members, including usernames, from the I-Citizen.com website by electronic or other means. 13.0 Copyright and Trademark Infringements Only the intellectual property rights owner is permitted to report potentially infringing materials through i-Citizen’s Service set forth below. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms. Notification: Micazook respects the intellectual property rights of others, and we ask you to do the same. Micazook may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site or Service for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site or Service, please provide Micazook’s designated agent the following information: * A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. * Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a full list of such works at that site. * Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit Micazook to locate the material. * Information sufficient to permit Micazook to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted. * A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law. * A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Micazook’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows: By mail: Attn: Callie Johnson Micazook Ltd The bridge 12-16 Clerkenwell Road London EC1M 5PQ United Kingdom By e-mail: Callie@micazook.com Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. 14.0 Disclaimer of Warranties Your use of this Site is at your own risk. Neither the Materials, Submissions nor the Third Party Content have been verified or authenticated in whole or in part by Micazook, and they may include inaccuracies or typographical or other errors. Micazook does not warrant the accuracy of timeliness of the Materials, Submissions or the Third Party Content contained on this Site. Micazook has no liability for any errors or omissions in the Materials, Submissions and/or the Third Party Content, whether provided by Micazook or our licensors. MICAZOOK, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, ANY MATERIALS, SUBMISSIONS OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE THIRD PARTY CONTENT AND THE SUBMISSIONS OF OTHER USERS OF THIS SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, MATERIALS, THIRD PARTY CONTENT, SUBMISSIONS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. MICAZOOK DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER or MOBILE. 15.0 Limitation of Liability MICAZOOK SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USING, DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS, THIRD PARTY CONTENT OR SUBMISSIONS TO OR FROM THIS SITE. IN NO EVENT SHALL MICAZOOK BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF MICAZOOK KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. 16.0 Hold Harmless and Indemnity You agree to hold harmless and indemnify, and at Micazook’s request defend, Micazook, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, from and against any third party claim arising from or in any way related to your use of or conduct on the i-Citizen Service, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and attorney’s fees, of every kind and nature. In such a case, Micazook will provide you with written notice of such claim, suit or action. 17.0 Local Laws; Export Control Micazook controls and operates this Service from its headquarters in the United Kingdom and the Materials, Submissions and/or Third Party Content may not be appropriate or available for use in other locations. If you use this Service outside the United Kingdom, you are responsible for all applicable local laws. 18.0 General If you violate these Terms, Micazook may terminate and/or suspend your access to this Site without notice. Micazook prefers to advise you of your inappropriate behaviour and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by Micazook, may result in immediate termination of your access to this Site. Micazook has the right to terminate any password-restricted account for any reason. United Kingdom without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or this Site will be heard in the courts located in United Kingdom. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Micazook’s failure to enforce any of these Terms is not a waiver of such term. The Terms are the entire agreement between you and Micazook will supersede all prior or contemporaneous negotiations, discussions or agreements between you and Micazook about this Site or Service. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms. |